The Ellis Act (Government Code §§ 7060-7060.7) allows a landlord to “go out of the rental business” by withdrawing all units in a building from the rental market. It is the single biggest no-fault eviction tool in California, and the most aggressively used in LA, Santa Monica, San Francisco, and other rent-controlled cities. It is also riddled with procedural traps that defeat many Ellis filings.
An Ellis Act eviction requires withdrawal of the ENTIRE building (not just one unit), notice to the local rent board, notice to tenants with the correct time periods, relocation payments, and a multi-year re-rental restriction. Cut a corner on any of those and the Ellis withdrawal is invalid, and the eviction fails.
We only represent tenants. Ellis cases are some of the most defensible on the books, the procedural complexity creates opportunity.
Quick Answer
California Government Code §§ 7060-7060.7 (the Ellis Act) preempts local rent control to allow a landlord to withdraw all rental units in a building from the market. The withdrawal requires: notice to the local rent board, notice to tenants with statutory time periods (120 days, 1 year for senior or disabled tenants), relocation payments, and a multi-year re-rental restriction (with rent rollback if re-rented). Procedural failures defeat Ellis withdrawal and the underlying eviction.
Key Takeaways
- Gov Code § 7060, landlord may go out of the rental business by withdrawing ALL units in the building (not just one).
- 120-day notice required to most tenants (Gov Code § 7060.4(b)).
- 1-YEAR notice required for senior (62+) or disabled tenants (Gov Code § 7060.4(b)).
- Relocation payments required by local ordinance, LARSO sets significant amounts per tenant.
- 5-year re-rental restriction (Gov Code § 7060.2) — any re-rental within 5 years requires rolling rent back to pre-withdrawal levels.
- 10-year restriction on certain demolition / new construction conduct.
- Failure to notify local rent board (LAHD for LA City) is a fatal procedural defect.
- Pretextual Ellis (intent to re-rent rather than exit) is actionable.
What the Ellis Act actually does
The Ellis Act preempts local rent control to the limited extent of allowing landlords to exit the rental business. It does NOT permit selective unit-by-unit eviction, the entire building must be withdrawn. The withdrawn units cannot legally be re-rented for 5 years without rent rollback consequences.
The Ellis procedure
- Landlord files a Notice of Intent to Withdraw with the local rent board (LAHD in LA City).
- Landlord serves a written notice to each tenant with the required notice period (120 days normally, 1 year for senior/disabled).
- Landlord pays relocation assistance per the local ordinance.
- The withdrawal becomes effective on the date stated in the notice.
- Landlord may not re-rent for 5 years without rent rollback.
- For 10 years, certain conduct (demolition, conversion to short-term rental) is restricted.
Common Ellis Act defenses
- Failure to withdraw ALL units. The Ellis Act requires withdrawal of every unit. If even one unit is kept rented, the Ellis withdrawal is invalid.
- Wrong notice period. 120 days normally, 1 year for senior/disabled. Mistakes are common.
- Missing senior/disabled extension. If a qualifying tenant was given 120 days instead of 1 year, the notice is defective.
- Failure to notify the local rent board. LAHD must receive the Notice of Intent. Failure is fatal.
- Insufficient relocation. Local ordinances set the amounts. Failure to pay the correct amount by the required deadline invalidates the withdrawal.
- Pretextual withdrawal. If the landlord intends to re-rent (e.g., to family at higher rates, or to short-term rental platforms), the withdrawal is pretextual and the Ellis defense is available.
- 5-year re-rental violation. If a previously-withdrawn unit was re-rented within 5 years, the landlord faces rent rollback and the tenant can sue.
- Right of first refusal. Displaced tenants have first right to re-rent at the same rent and terms (Gov Code § 7060.2) if the building re-enters the rental market.
Relocation amounts, LA City
For LARSO-covered units in LA City, LAMC § 151.09(G) sets relocation per displaced tenant. Eligible tenants (seniors 62+, disabled, families with minor children, 5+ year tenants) receive higher amounts, qualified tenants receive lower. Amounts are updated annually by LAHD and recent ranges have been approximately $9,000 to $22,500. The relocation is per unit, if multiple eligible occupants, the higher tier applies.
Senior + disabled, the 1-year notice
Gov Code § 7060.4(b) requires 1 YEAR of notice to tenants who:
- Are 62 years of age or older, OR
- Are disabled within the meaning of California Government Code § 12955.3.
Tenants who qualify must notify the landlord within 60 days of receiving the 120-day Ellis notice to invoke the 1-year extension. Documentation requirements vary by jurisdiction. If the landlord ignores or improperly denies the extension, the notice is defective.
Re-rental restrictions and rent rollback
Gov Code § 7060.2 imposes significant restrictions on re-renting withdrawn units:
- For 2 years after withdrawal, the landlord must offer the unit to the displaced tenant first at the previous rent (right of first refusal).
- For 5 years, if the unit is re-rented, the rent is capped at the previous rent level adjusted by the rent control formula.
- For 10 years, certain conversion and demolition restrictions apply.
- Local ordinances may add longer restrictions.
Re-rented unit at a higher rent? The displaced tenant can sue for the difference plus injunctive relief.
Pretextual Ellis, the strongest defense
Ellis is reserved for landlords genuinely exiting the rental business. Landlords who intend to demolish, convert to condos, convert to short-term rental, or re-rent at market rates after a brief gap are pretextual. Evidence of pretext:
- Construction or demolition plans submitted to the city.
- Marketing materials showing the units as for-sale or short-term rentals.
- Permits for condo conversion.
- Statements by the landlord or their agents indicating re-rental intent.
- Patterns of prior Ellis withdrawals followed by re-rental.
What to do right now
- Save the Ellis notice and the envelope. Note the date and manner of service.
- If you are 62+ or disabled, prepare to invoke the 1-year extension within 60 days.
- Pull the LAHD records (or local rent board) to confirm the landlord actually filed the Notice of Intent.
- Verify the relocation amount and timing.
- Look for evidence of pretext, condo conversion permits, demolition applications, marketing.
- Watch the building for re-rental within 5 years, if it happens, you may have a damages claim plus right of first refusal.
- Plead Ellis defenses in the Answer if a UD is filed before the withdrawal period ends.
Related pages
- Eviction Defense overview
- LARSO (LA Rent Control)
- Pretext / Wrongful No-Fault
- 30/60/90-Day Termination Notice
- Owner Move-In Defects
- Looking for a Los Angeles eviction defense attorney? Our main tenant defense page covers the full eviction defense playbook.
- Eviction Defense Information Hub: comprehensive topic index for California tenants.
- What Happens After You File Your Answer
- How Long Does an Eviction Case Take in LA
- Neighborhood guides: Santa Monica, West Hollywood, Long Beach, Hollywood, Downtown LA
Frequently asked questions
What is the Ellis Act?
Government Code § 7060, a state law allowing landlords to withdraw rental property from the market entirely, evicting all tenants in the process. Originally designed to give landlords an exit from the rental business, it has been used as a loophole around rent control.
How much notice does an Ellis Act eviction require?
120 days for most tenants. 365 days for tenants who are elderly (62+) or disabled.
What relocation does an Ellis Act eviction require?
In LA City, statutory LARSO relocation amounts. In LA County and other jurisdictions, relocation per the local ordinance. Amounts range significantly based on tenant category.
Can my landlord re-rent the unit after Ellis Act eviction?
With strict limits. Re-renting within 2 years gives the original tenant a right of first refusal at the previous rent. Re-renting within 5 years remains subject to rent control as if the Ellis Act eviction had not happened. Re-renting within 10 years requires posting a notice with the city.
What defenses are available to an Ellis Act eviction?
Procedural defects (improper notice, failure to file required documentation with the city), pretext (the landlord intends to re-rent, not truly withdraw), bad faith, and discrimination defenses where applicable.
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